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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 27, 2010, the Defendant was sentenced to imprisonment with prison labor for robbery, injury, etc. at the Busan District Court on April 27, 2010, and the execution of the sentence was terminated on December 23, 2013.
1. On July 20, 2014, around 00:55, the Defendant: (a) discovered the appearance of the victim B, which was brupted in order to withdraw cash from the cash withdrawal machine in the above community credit cooperative under the influence of alcohol; and (b) cut off one wall of the amount equivalent to 50,000 won at the market price of 4 credit cards, such as the cash 50,000 won, new card, Samsung card, and Samsung card, which are owned by the victim following the victim; and (c) cut off one wall of the amount equivalent to 50,000 won at the market price of 50,000 won.
2. Fraud or violation of the Specialized Credit Finance Business Act;
A. On July 20, 2014, around 02:15, the Defendant paid KRW 17,349 of the gas price by filling gas with a vehicle operated by the Defendant, and presenting a stolen card as stated in the foregoing paragraph (1) as if the Defendant was his credit card.
B. On July 20, 2014, the Defendant, on July 20, 2014, presented the stolen Samsung Card as stated in the above paragraph (1) as if it were one’s credit card, and paid 260,590 won for the goods.
Accordingly, the Defendant used a stolen credit card twice in total, and acquired a total of 277,939 won by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (No. 4,11 No. 4);
1. Division: Application of the Act and subordinate statutes of inquiry report and investigation report (No. 15 No. 15);
1. Relevant legal provisions Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the choice of imprisonment with prison labor, respectively, concerning facts constituting an offense;
1. Aggravation for repeated crimes;